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Lego2

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  1. I was thinking of sending the following letter: To whom it may concern: I wish to request that the above case is deemed not appropriate for court for the following reasons: 1) I have initially appealed directly to the claimant with regards the parking charge. This was rejected and they redirected me to their alternative dispute resolution (ADR) - POPLA as per British Parking Association Code of Practice. On 05/09/2016, I submitted my intention to appeal to POPLA. I was advised via email correspondence from POPLA, that they were unable to process my appeal at this time as they were in the process of change of administration from London Councils to Ombudsman Services. They stated they would contact me at later date to submit evidence to complete my appeal. I have to date received no correspondence from POPLA to request the evidence to complete my appeal. In postal response to my Letter Before County Court Claim, I stated that I was still awaiting an opportunity to submit my evidence to POPLA. I received no direct reply from the claimant and later received my county court claim form. As I was open to ADR and through administration errors out of my control, I request this case be redirected to POPLA for resolution. 2) The claimant has been sent a postal request with proof of postage, CPR 31.14 to enable me to formulate a defence. As to date, no reply has been received from the claimant. Best Regards,
  2. Thanks for the support. I have complained to POPLA (Ombudsman Service) despite stating that this was due to an admin oversight on their part (plus refusal of their first reply) - no dice. Still waiting for a reply from BPA. I am planning to submit my defence - stating that I am still open to ADR/POPLA to ensure resolution as my first point. Is it ok to send a second CPR31.14 - as to include a copy of the POPLA decision? Was wondering about sending a without prejudice letter - stating I want new POPLA code and they are not compliance with Code of Practice. To encourage the case to be dropped?
  3. I have contacted BPA in regards to my appeal - fingers-crossed!
  4. As the registered keeper, a PCC was issued on July 2015 via post from ANPR controlled car park with pay and display. I sent an appeal to Parking Eye with help of the forum and was given a POPLA code. I attempted to appeal via POPLA, but this was during the period of change from London Council to Ombudsman Services. A letter was sent from POPLA stating I will be contacted to submit my evidence in due course. Despite this I received a Letter Before County Council Claim. To which I sent a reply, stating I was awaiting an opportunity to submit evidence to POPLA. I received no reply and then got my County Court Form (N1) – stating that I have not taken my opportunity to appeal. I have taken the following action: 1) Complaint to POPLA - no opportunity to submit evidence – I have evidence from POPLA I submitted by intention 2) Acknowledged the County Court Claim to extend to 28 days for defence 3) Prepared a skeleton defence 4) Sent a letter to ParkingEye (Free proof of Postage) with CPR 31.14 requesting the following: a. Contract with the landowner that demonstrates the right to enter into contracts and make claims in ParkingEye’s own name b. Data that shows the parking event c. Signage map d. Terms and conditions 5) Taken photographs of the signage at the car park My questions: 1) Can I defend by stating that due to administration errors at POPLA that I was denied the opportunity to appeal? 2) Are they required to prove as stated on the County Court Papers – ‘no valid ticket’ - as the system involves entering your reg into the machine? 3) On my defence, can I use The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Does ANPR-controlled care park, count as ‘Automated Premise?’
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